Many planned communities are managed by a homeowners association (HOA) in Oregon. The laws governing HOAs in Oregon are established by various local, state, and federal regulations, in addition to each individual HOA’s governing documents.
Who Regulates HOAs in Oregon?
In Oregon, HOAs are governed by the Oregon Planned Communities Act found in Chapter 94 Section 500 of the Oregon Statutes. This act governs all buildings and improvements where owners are collectively responsible for maintenance, operation, and insurance related to any property within the community.
HOAs traditionally have documents that regulate themselves. Every HOA is different, however, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restriction, and other rules.
HOAs in Oregon may be subject to applicable federal laws such as:
HOAs may be subject to certain state laws such as:
- Oregon Nonprofit Corporations Act
- Oregon Unfair Debt Collection Practices Act
- Oregon Unlawful Discrimination Act
How to Find HOA Regulations in Oregon
HOA governing documents are public records in Oregon. HOAs are required to file the declaration, bylaws, and other required documents with the office of the recording officer in each county where the property is located. To obtain these records, visit the local office of the recording officer.
In some instances, these records can be obtained online using the Oregon Business Search on the Oregon Secretary of State website. On this site, homeowners may be able to access limited information about the HOA and its records.
HOA Powers in Oregon
In Oregon, HOAs have the power to:
- Collect payments for common assessments
- Maintain common areas
- Collect charges to repair common areas
- Levy reasonable fines
- Foreclose on a home for unpaid liens
Additionally, HOA governing documents can grant further powers such as restrictions on membership, exterior paint colors, fencing, and parking requirements.
Can an HOA Impose Fines on a Homeowner in Oregon?
In Oregon, HOAs can impose fines on a homeowner for violation of its rules, late payment of assessments, or use of common areas and services. The HOA’s governing documents will specify any notice requirements and the amount of the fines imposed.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
- Installing electric vehicle charging stations
- Installing solar panels
- Operating a family child care center
- Displaying the American flag so long as the flag is displayed in a manner consistent with federal flag display law
- Installing satellite dishes and antennas
The governing documents of an HOA may include reasonable rules and regulations about the placement, manner, and display of any of the items listed above.
Can an HOA Take a Homeowner’s House in Oregon?
An HOA in Oregon can foreclose on a home within its community. HOAs have the power to place a lien on a property when the owner neglects to pay their dues. If a lien goes unresolved, the HOA can foreclose on the house.
The HOA must record a notice of claim of lien for assessments in the county deeds records where the HOA property is located. Alternative options to foreclosure can include the HOA taking the deed from the homeowner or a court order such as a monetary judgment to satisfy the lien.
There is no state provision on if an HOA can evict a homeowner or tenant. However, if the homeowner is leasing a tenant, the HOA may be able to evict the tenant.
For example, an HOA may be able to evict a tenant if the lease was not properly authorized by the HOA. In addition, the HOA may have other powers or restrictions regarding rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Oregon?
In Oregon, there is no state provision on HOAs being able to enter a homeowner’s property. Clauses regarding an HOA being able to enter a homeowner’s house will be listed in its governing documents.
Typically, an HOA may be able to enter a homeowner’s property in case of emergency, maintenance, or violation of any rules or regulations.
Except in the case of an emergency, reasonable notice should be provided to the homeowner before the HOA is to enter the property. A reasonable timeline can range depending on the reason for entry between three days and a couple of weeks.
Where Do Homeowners File Complaints Against Their HOA in Oregon?
The appropriate agency to file a complaint against an HOA depends on the type of complaint.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Oregon Bureau of Labor and Industries, the U.S. Department of Urban Housing, or file a private lawsuit in Oregon state or federal court.
For complaints concerning HOA fees, a homeowner can file a complaint with the Oregon Real Estate Agency, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
A homeowner can bring all other complaints to state court in the appropriate jurisdiction by filing a claim.
Joining and Leaving an HOA in Oregon
There is no state statute for processes on joining and leaving an HOA. These processes can be found on a city level or in the HOA’s governing documents. Documents explaining the HOA and its membership rules should be presented at the closing for a new owner’s home purchase.
Typically, there are two types of HOAs that regulate joining and leaving clauses:
- Mandatory HOAs. When a person buys a home, they automatically become a member required to abide by any HOA rules listed in the governing documents. This usually includes that a homeowner is not able to leave the HOA freely.
- Voluntary HOAs. When a person buys a home, membership is a choice for each homeowner. If they choose to become a member, they may leave at any time by stopping their payments with the HOA.
To leave a mandatory HOA, a homeowner can sell their house or try to petition the court to have their home removed. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Oregon
The dissolution process of an HOA in Michigan may be found in the HOA’s governing documents. If it is not, members of the HOA must vote at least ⅔ or majority, whichever is greater, to approve the dissolution.
If dissolution is approved, the HOA must distribute all assets and debts. Once this is completed, the HOA has to send a letter to the Oregon Attorney General listing each person who received an asset.
After delivering the letter, an Articles of Dissolution must be filed with the Oregon Secretary of State. Once filed, the HOA is considered fully dissolved.
Sources
- 1 Or. Rev. Stat. § 94.580
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(1) A declarant shall record, in accordance with ORS 94.565, the declaration for a planned community in the office of the recording officer of each county in which the planned community is located. (2) The declaration shall include: (a) The name and classification of the planned community; (b) The name of the association and the type of entity formed in accordance with ORS 94.625; (c) A statement that the planned community is subject to ORS 94.550 to 94.783; (d) A statement that the bylaws adopted under ORS 94.625 must be recorded.
Source Link - 2 Or. Rev. Stat. § 94.630
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(g) Regulate the use, maintenance, repair, replacement and modification of common property… (L) Impose and receive any payments, fees or charges for the use, rental or operation of the common property and services provided to owners… (n) Impose charges for late payment of assessments and attorney fees related to the collection of assessments and, after giving written notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, rules and regulations of the association, provided that the charge imposed or the fine levied by the association…
Source Link - 3 Or. Rev. Stat. § 94.719
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In any suit or action brought by a homeowners association to foreclose its lien or to collect delinquent assessments or in any suit or action brought by the declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of ORS 94.550 (Definitions for ORS 94) to 94.783 (When certain administrative provisions apply) or the declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom.
Source Link - 4 Or. Rev. Stat. § 94.762
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(1)Notwithstanding contrary provisions of a declaration or bylaws of a planned community:
(a)An owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the owner, in compliance with the requirements of this section, in a parking space, on a lot or in any other area subject to the exclusive use of the owner.
(b)A homeowners association may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.
Source Link - 5 Or. Rev. Stat. § 94.778
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(1)Except as provided in subsection (3) of this section, a provision in a declaration or bylaws of a planned community that prohibits an owner of the roof or other exterior portion of a building or improvement on which solar panels may be installed from installing or using solar panels for obtaining solar access, as described in ORS 215.044 (Solar access ordinances) and 227.190 (Solar access ordinances), is void and unenforceable as a violation of the public policy to protect the public health, safety and welfare of the people of Oregon.
Source Link - 6 Or. Rev. Stat. § 94.779
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(3)Except as provided in subsections (4) and (5) of this section, the following provisions of a planned community’s governing document are void and unenforceable: (a)A provision that prohibits or restricts the use of the owner’s unit or lot as the premises of an exempt family child care provider participating in the subsidy program under ORS 329A.500 (Employment Related Day Care subsidy program); or (b)If the unit does not share a wall, floor or ceiling surface in common with another unit, a provision that prohibits or restricts the use of the owner’s unit or lot as a certified or registered family child care home…
Source Link - 7 4 U.S.C. § 5
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A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
Source Link - 8 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 9 Or. Rev. Stat. § 94.709
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The association shall record a notice of claim of lien for assessments under this section in the deed records of the county in which a lot is located before any suit to foreclose… The proceedings to foreclose liens created by this section shall conform as nearly as possible to the proceedings to foreclose liens created by ORS 87.010 (Construction liens)… This section does not prohibit an association from pursuing an action to recover sums for which subsection (1) of this section creates a lien or from taking a deed in lieu of foreclosure in satisfaction of the lien… An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien for unpaid assessments…
Source Link - 10 When You Must Allow an HOA Representative to Enter Your Unit
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…an HOA representative can enter an owner’s unit in emergency situations, or for health and safety reasons… Many HOAs also have the right to enter an owner’s unit to maintain common elements… An HOA might also have the right to enter an owner’s unit to inspect for a violation of the development’s rules or regulations. Normally this is allowed only if the HOA has good reason to believe a violation is occurring… State statutes commonly require that HOAs provide an owner with “reasonable” notice. What’s considered “reasonable” depends on the situation. For example, prior notice of between three days and a week might be reasonable for an HOA wishing to enter an owner’s unit to perform periodic common area maintenance… if immediate entrance is necessary for health or safety reasons (such as if there is a fire in the unit), minimal or no notice is probably acceptable.
Source Link - 11 Homeowner’s Associations
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A Homeowner’s Association is a private association that includes home owners in a specific residential subdivision. Membership in an HOA is mandatory and generally requires a membership fee for each homeowner. Members of the HOA develop rules and standards for the community appearance of properties and the neighborhood… If you want to find the HOA for a specific property:
Contact the county recorder’s office
Contact a title company (You may have to pay for a title search)
Contact AssociationOnline for assistance
Source Link - 12 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 13 Or. Rev. Stat. § 65.624
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(1)Unless a corporation’s articles of incorporation, bylaws or the board of directors or members, acting in accordance with subsection (3) of this section, require a greater vote or voting by class, dissolution is authorized if the dissolution is approved… (b)By the members of a mutual benefit corporation entitled to vote on dissolution, if any, by at least two-thirds of the votes cast or a majority of the voting power, whichever is less, or by a majority of the votes cast…
Source Link - 14 Or. Rev. Stat. § 65.627
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(3)After all or substantially all of the assets of a public benefit corporation have been transferred or conveyed following approval of dissolution, the board of directors shall deliver to the Attorney General a list showing the persons to whom the assets were transferred or conveyed. The list must indicate the addresses of each person who received assets and indicate what assets each received.
Source Link - 15 Or. Rev. Stat. § 65.631
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(1)At any time after dissolution is authorized, a corporation may dissolve by delivering to the Secretary of State for filing… (2)A corporation is dissolved upon the effective date of the corporation’s articles of dissolution.
Source Link
